Harris v. Gregg
Appellate Division of the Supreme Court of the State of New York
Appeal from county court. Action by John L. Harris against David Gregg, as committee of the estate of Amasa N. Gregg, an incompetent person. From an order granting a motion for a new trial after a judgment in favor of defendant, defendant appeals.
1Opinion of the CourtParker, P. J.
If the motion for a new trial is to be deemed made upon the ground of newly-discovered evidence, it is clear that *845it should have been made upon a case. Bantleon v. Meier, 81 Hun, 162, 30 N. Y. Supp. 706, is a plain authority to that effect. The appellant urged that objection upon the motion, and it seems to us to have been well taken. If we consider the motion made upon the ground of surprise, a case was not needed. Such a motion may be made without a case, and upon affidavits. Code, § 998. But the affidavit upon which the motion is founded does not present facts sufficient to warrant the…
2Cases cited5 opinions
- Bantheon v. MeierNew York Supreme Court · 1894
- Anderson v. Market National BankNew York Supreme Court · 1883
- In re Ramsdell's WillNew York Supreme Court · 1889
- Jackson ex dem. Horton v. RoeNew York Supreme Court · 1812
- Hatfield v. MacyNew York Supreme Court · 1876
3Cited by4 opinions
- Pease v. Pennsylvania RailroadAppellate Division of the Supreme Court of the State of New York · 1910
- Scott v. SmithAppellate Division of the Supreme Court of the State of New York · 1909
- Guttenbergh v. GenoveseAppellate Terms of the Supreme Court of New York · 1910
- Scott v. SmithAppellate Division of the Supreme Court of the State of New York · 1909